Obtaining a property title deed in Thailand can be a complex process. It requires extensive due diligence, which includes verifying ownership and examining the property for any liens or encumbrances. It also involves obtaining various support documents and paying various fees and taxes.
The most reliable type of land title in Thailand is a Chanote, which grants the document holder full ownership and accurately surveyed boundaries. The process can be complicated for foreigners, and it is best to work with an experienced legal professional.
Obtaining a title deed
A title deed for land is the most credible document that a property owner can have in Thailand. The most valuable is the chanote which grants full ownership rights over a plot of land that has been precisely surveyed and mapped. It can be sold, transferred, leased, or mortgaged. The holder can also register usufructs and superficies on the property.
The less valuable deed is the Nor Sor 3 Kor which identifies the dimensions of a piece of land and grants only possessory rights to the document holder. This type of deed can be transferred and passed down through inheritance, but cannot be upgraded to a chanote.
Foreigners can own buildings on land without a title deed as long as they can show proof of ownership. However, a sale agreement or construction permit is not sufficient evidence of building ownership. This is why it is essential for foreigners to ensure that they have a good lawyer and understand the different types of deeds in Thailand.
Obtaining a power of attorney
A power of attorney is a legal document in which one individual, known as the principal, confers authority to another individual to manage a number of transactions on his or her behalf. These activities can include purchasing or selling land and property, managing a bank account or safe deposit box, or renewing visas and work permits.
A POA can be either general, conferring broad legal authority, or special, for a specific deed. Both types are enforceable under Thai law and must be drafted carefully to ensure that they are valid.
Those who wish to grant a POA must submit the forms provided by the Land Office along with a certified copy of their ID card or passport bearing duty stamps. They must also be signed by two witnesses. If the transferor is outside Thailand, the signature must be certified by the embassy of their country or by a notary public.
Obtaining a Nor Sor 3
The most secure type of land title in Thailand is a Chanote, which is a certificate for the ownership of the property and contains detailed mapping with precise boundaries. However, it is not easy for foreigners to obtain this title deed as it requires proof of a substantial amount of money and extensive due diligence.
Por Bor Tor 5 is another option for obtaining a land title, which is issued when public land encroachment has occurred. It allows occupants to use the land for agricultural purposes, but does not grant them ownership rights. It is a good idea to consult with a Thai lawyer to learn more about the different types of land titles in Thailand.
NS3 Gor is another type of land title, which is granted for a plot of land that is still awaiting a full title (Chanote). It has precise boundaries but is not yet a Chanote and will require final official measuring by the Land Department and the placement of official markers before it can be upgraded to a Chanote. This title also permits the owner to mortgage or sell their land and can be used to subdivide a plot into smaller areas.
Obtaining a Chanote
The Chanote is a land title deed that verifies ownership. It is the most secure form of land in Thailand and allows for full ownership rights. It also confirms the boundaries and size of the plot. It can be used for loan collateral and leases. It can also be transferred to another person and can be used as a building permit.
It is the only type of title deed that a foreigner can buy and transfer to heirs. However, the holder of this title may have limited rights. The holder of this type of title will be granted ownership of a condo unit and has the right to vote in the condominium association.
A Nor Sor 3 Gor is a type of land title that can be upgraded to a Chanote. It has been GPS-measured by the Land Department and has exact boundaries. However, it is not recommended for a foreign buyer as it doesn’t guarantee that they will receive a full Chanote deed.